Legal Question in Family Law in New Jersey

Third Party Child Support Obligation

My wife's ex-husband re-married and moved out of state. They had two daughters that live with us and he has a son with his new wife. They are now living in New Hampshire after living in PA and then Maine. He has been late with child support for all of the eight years my wife and I are together...and is now seriously in arrears. His current wife makes a hefty salary and, since their son is autistic, they decided that he should be a stay-at-home dad. So he has NO income. For them, financially, it was the right thing to do as SHE has the larger earnings by far. It would have been stupid for her to stay home when the most he ever made was $30,000. But now SOMEONE has to be responsible for the child support that is supposed to go to my stepdaughters. As the two have decided that he will not work and all bills are to be paid by the wife...does that not make HER the responsible party. I need to know if there is any precedence for this as soon as possible.

Thanks


Asked on 9/11/03, 3:45 pm

3 Answers from Attorneys
Bruce Matez Gerstein Grayson, LLP

Re: Third Party Child Support Obligation

There is no precedent for the Court to require someone other than a parent to financially support a child. In other words, the child support is his responsibility NOT his new wife's responsibility to pay. However, the Court would likely still impute income to him based upon his earning capacity and base the child support amount on that income. He would still be obligated to pay support even though he is not working. It sounds like this is more of a collection and enforcement issue, however it is unclear. There are many avenues of enforcement available. If you would like to further discuss this issue, plesae feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.

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Answered on 9/11/03, 4:15 pm
Curtis Romanowski Romanowski Law Offices

Re: Third Party Child Support Obligation

Not working is a choice that made sense for this family. However, it does not make sense for his other family. The Court is likely to impute income to him. Where he gets the money is up to him. They are saving on the costs of skilled daytime caregivers by his staying at home. A prior child's entitlement cannot be sacrificed becuse of a subsequent child's needs.

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Answered on 9/11/03, 5:53 pm
Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Third Party Child Support Obligation

This is a case that sounds like an enforcement issue. From what you wrote, it appears there is still a current support order. This current order is enforceable, and you can file a motion with the family court to bring enforcement proceedings. Additionlly, if there is a change in circumstances, you might be able to ask the Court to increase the current support order. The danger is always, they could also reduce the order.

If you have any other questions, please feel free to call my office at 856-489-8888.

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Answered on 9/12/03, 12:39 pm


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